DETAILED ACTION
This office action is in response to the remarks and amendments filed on 10/06/25 and 11/04/25. Claims 1, 3-7, and 9-10 are pending. Claims 1, 3-7, and 9-10 are rejected.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-7, and 9-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant’s amended claim language in claims 1 and 6, directed toward “thermoelectric yarns woven or knitted into a fabric structure” is not found in the originally filed disclosure. There is no mention in the specification of yarns that are woven or knitted. New matter must be removed from the claims. Appropriate correction is required.
Additionally, claims 1 and 6 recite “a sensor measuring the firmness of the viscoelastic foam layer.” However this is not found in the originally filed disclosure, nor is there a figure that graphically shows such a sensor. Applicant’s disclosure states “pressure sensors, load sensors, force sensors, temperatures sensors, humidity sensors, motion sensors, vibrational piezoelectric sensors and the like,” but does not state or describe “a sensor measuring the firmness.” Hardness (i.e. firmness) is measured by a physical deflection test in accordance with ASTM D-3574 (which Applicant discusses in paragraphs [0033]-[0035]). However, the ASTM test is intended to be done in a laboratory setting, and the test equipment for the indentation force deflection test (i.e. a firmness sensor) is not shown in Applicant’s figures, nor described in the specification to be attached to Applicant’s mattress. New matter must be removed from the claims. Appropriate correction is required.
Additionally, claim 5 recites “a moisture barrier layer.” However this is not found in the originally filed disclosure, nor is there a figure that graphically shows such a barrier layer. Applicant’s disclosure discusses reticulated foam that is “open to air and moisture flow,” but does not discuss a moisture barrier. New matter must be removed from the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2011/0252562 to Mikkelsen et al. (“Mikkelsen”), in view of US Patent Application Publication 2018/0027981 to Sherman et al. (“Sherman”), and US Patent Application Publication 2018/0014585 to Polonio et al. (“Polonio”).
Claim 1. A process for changing a firmness property of a foam layer in a mattress assembly, the process comprising: providing the mattress assembly with one or more layers, wherein at least one of the one or more layers is an adjustable comfort foam layer (Mikkelsen, Fig. 2 discloses a mattress with multiple layers, and discloses a visco-elastic foam layer in the Abstract) comprising a phase change material (Mikkelsen does not disclose the use of a phase change material but does discuss “glass transition” in paragraph [0021] with respect to the use of a peltier heating and cooling device to change the firmness of the foam layer; Sherman teaches the use of a similar mattress with a temperature control device, and which also includes phase change material as a “cooling mechanism”; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the mattress of Mikkelsen with a phase change material in order to further improve the cooling capability of the mattress and to optimize a user’s comfort) within the adjustable comfort layer (Sherman teach in paragraph [0044] phase change material or “cooling mechanism,” that is located “within the layers of the mattress”); and heating (Mikkelsen, Abstract) the adjustable comfort foam layer with a device (Mikkelsen, Fig. 1 #42) to a temperature greater than a melt temperature of the phase change material to soften the adjustable comfort foam layer (Mikkelsen, see paragraphs [0002]-[0004] which discuss glass transition temperature with respect to changes in firmness firmness; with respect to softening see at least paragraphs [0033] and [0035] which discuss adjusting firmness by changing temperature; it is inherent that phase change material would change phase when heated above the phase change temperature, and it would be obvious to do so since doing so would have simply been applying a known technique, heating or cooling at taught by Mikkelsen and/or Sherman, to a known device, the bed of Mikkelsen, to yield predictable results, that being the change of phase of the phase change material), wherein heating the adjustable comfort foam layer comprises generating heat from a thermoelectric fabric comprising continuous thermoelectric yarns woven or knitted into a fabric structure (Mikkelsen discloses a thermoelectric system in Fig. 2 at #42, but does not provide further details of the structure of the peltier devices; Polonio teaches a similar thermoelectric device and teaches in paragraph [0022] “thermal fabric”, comprising “copper yarns”; and further teaches in paragraph [0032] that connection of the thermoelectric device to fabric by means of “knitting”; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to us yarns and knitting since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results) underlying the at least one foam layer, wherein the heating is controlled by a feedback system responsive to a sensor measuring the firmness of the adjustable comfort foam layer (Mikkelsen paragraph [0033] and [0035] which disclose using sensor data to “automatically adjust…until” the “a desired mattress firmness” is reached; these steps read on Applicant’s claimed “feedback system”).
Claim 3. The process of claim 1, wherein heating the adjustable comfort foam layer comprises generating heat from a heat transfer device underlying the adjustable comfort foam layer (Mikkelsen; the Peltier devices of Mikkelsen are “a heat transfer device” in that they transfer heat from the Peltier device to the mattress; see at least paragraph [0036]) wherein the heat transfer device is activated in response to a detected change in firmness below a predetermined threshold (see at least Mikkelsen paragraphs [0033] and [0036]).
Claim 4. The process of claim 1, wherein heating the adjustable comfort foam layer comprises generating heat from a layer comprising resistive heating elements underlying the adjustable comfort foam layer (Mikkelsen discloses resistive heaters in paragraph [0022]) wherein the resistive heating elements are arranged in a pattern corresponding to the stratification of the phase change material (as best understood, Applicant’s “stratification” is directed toward the peltier elements being within the mattress, rather than on the surface of the mattress; Mikkelsen Fig. 2 teaches this configuration).
Claim 7. The process of claim 6 further comprising a phase change material (Mikkelsen does not disclose the use of a phase change material but does discuss “glass transition” in paragraph [0021] with respect to the use of a peltier heating and cooling device to change the firmness of the foam layer; Sherman teaches the use of a similar mattress with a temperature control device, and which also includes phase change material as a “cooling mechanism”; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the mattress of Mikkelsen with a phase change material in order to further improve the cooling capability of the mattress and to optimize a user’s comfort) stratified in a foam structure of the at least one viscoelastic foam layer (in view of Applicant’s remarks, stratified is understood to mean “layered”; Mikkelsen Figs. 1-2 disclose a mattress of multiple layers; Mikkelsen also discloses a layered mattress in Fig. 2).
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2011/0252562 to Mikkelsen et al. (“Mikkelsen”), and US Patent Application Publication 2018/0027981 to Sherman et al. (“Sherman”), and US Patent Application Publication 2018/0014585 to Polonio et al. (“Polonio”), in view of NPL to Yu (“The Effect of Moisture Absorption on the Physical Properties of Polyurethane Shape Memory Polymer Foams”).
Claim 5. The process of claim 1, wherein the at least one or more layers comprises a viscoelastic foam layer having a first glass transition temperature greater than 60°F at 0% humidity, and a second glass transition temperature less than the first glass transition temperature at a % humidity greater than 0, and wherein heating the viscoelastic foam layer comprises heating above the second glass transition temperature to alter the firmness property (Mikkelsen, paragraph [0021] discloses a glass transition temperature between 10 and 30 degrees C, but does not discuss the effects of humidity on the glass transition temperature, nor disclose a second glass transition temperature at a second humidity level; however, Yu teaches the effects of humidity on glass transition temperature and states in the Abstract “foams were exposed to differing humidity levels,” and “water absorption significantly decreased the Tg [glass transition temperature] of the foam”; therefore, one of ordinary skill in the art would have known that a change in humidity in the vicinity of that apparatus of Mikkelsen would inherently reduce that phase change temperature of the foam of the apparatus of Mikkelsen; furthermore it is an inherent property of the foam disclosed by Tyree and/or Mikkelsen that the foam would have a second glass transition temperature as claimed, at a different level of humidity) wherein the viscoelastic foam layer further comprises a moisture barrier layer to control humidity exposure (Examiner takes Official Notice that waterproof mattress covers are well known in the prior art and it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use one for incontinence protection to prevent soiling of the mattress).
Claims 6 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2011/0252562 to Mikkelsen et al. (“Mikkelsen”), in view of NPL to Yu (“The Effect of Moisture Absorption on the Physical Properties of Polyurethane Shape Memory Polymer Foams”), and US Patent Application Publication 2018/0014585 to Polonio et al. (“Polonio”),
Claim 6. A process for changing a firmness property of a viscoelastic foam layer in a mattress assembly, the process comprising: providing the mattress assembly with at least one viscoelastic foam layer (Mikkelsen, Fig. 2 discloses a mattress with multiple layers) having a first glass transition temperature greater than 60°F at 0% humidity and a second glass transition temperature less than the first glass transition temperature at a % humidity greater than 0 (Mikkelsen, paragraph [0021] discloses a glass transition temperature between 10 and 30 degrees C, but does not discuss the effects of humidity on the glass transition temperature, nor disclose a second glass transition temperature at a second humidity level; however, Yu teaches the effects of humidity on glass transition temperature and states in the Abstract “foams were exposed to differing humidity levels,” and “water absorption significantly decreased the Tg [glass transition temperature] of the foam”; therefore, one of ordinary skill in the art would have known that a change in humidity in the vicinity of the apparatus of Mikkelsen would inherently reduce the glass transition temperature of the foam of the apparatus of Mikkelsen; furthermore it is an inherent property of the foam disclosed by Mikkelsen that the foam would have a second glass transition temperature as claimed, at a different level of humidity); and heating (Mikkelsen discloses a Peltier device to heat and cool the mattress, which adjusts the firmness of the mattress as discussed in paragraphs [0021] and [0032]-[0037]), the at least one viscoelastic foam layer comprises heating above the second glass transition temperature and below the first glass transition temperature to alter the firmness property (Mikkelsen, paragraphs [0021] and [0032]-[0037]), wherein heating the at least one viscoelastic foam layer comprises generating heat from a thermoelectric fabric comprising continuous thermoelectric yarns woven or knitted into a fabric structure (Mikkelsen discloses a thermoelectric system in Fig. 2 at #42, but does not provide further details of the structure of the peltier devices; Polonio teaches a similar thermoelectric device and teaches in paragraph [0022] “thermal fabric”, comprising “copper yarns”; and further teaches in paragraph [0032] that connection of the thermoelectric device to fabric by means of “knitting”; it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to us yarns and knitting since doing so would have simply been combining prior art elements according to known methods to yield predictable and obvious results) underlying the at least one viscoelastic foam layer (Mikkelsen, Figs. 1-2, Peltier devices #’s 50) wherein the heating is controlled by a feedback system responsive to a sensor measuring the firmness of the viscoelastic foam layer (Mikkelsen paragraph [0033] and [0035] disclose using sensor data to “automatically adjust…until” the “a desired mattress firmness” is reached; these steps read on Applicant’s claimed “feedback system”).
Claim 9. The process of claim 6, wherein heating the at least one viscoelastic foam layer comprises generating heat from a heat transfer device underlying the at least one viscoelastic foam layer (Mikkelsen; the Peltier devices of Mikkelsen are “a heat transfer device” in that they transfer heat from the Peltier device to the mattress; see at least paragraph [0036]) wherein the heat transfer device is activated in response to a detected change in firmness below a predetermined threshold (see at least Mikkelsen paragraphs [0033] and [0036]).
Claim 10. The process of claim 6, wherein heating the at least one viscoelastic foam layer comprises generating heat from a layer comprising resistive heating elements underlying the at least one viscoelastic foam layer (Mikkelsen discloses resistive heaters in paragraph [0022]) wherein the resistive heating elements are arranged in a pattern corresponding to the stratification of the phase change material (as best understood, Applicant’s “stratification” is directed toward the peltier elements being within the mattress, rather than on the surface of the mattress; Mikkelsen Fig. 2 teaches this configuration).
Response to Applicant's remarks and amendments
New rejections in this Office Action were necessitated by Applicant’s claim amendments. Applicant’s remarks and arguments with respect to prior rejections are therefore no longer applicable. However, to the degree that Applicant’s remarks apply to the current rejections, they will be discussed herein.
With respect to independent claims 1 and 6, Applicant argues that the claimed invention requires heating of a foam layer to control the firmness of the foam, and that the adjustment is controlled by a feedback system responsive to a sensor measuring the firmness of the layer. The prior art of Mikkelsen discloses these features. Mikkelsen discloses the use of visco-elastic foam, and heating or cooling the foam with a Peltier device, to change the firmness of the foam (in at least the Abstract and in paragraph [0004]). Mikkelsen also discloses sensors (paragraph [0031]), wherein sensed temperature data is used to determine firmness of the foam mattress. Mikkelsen also discloses using a control system to receive temperature data, to process the temperature data, and to “respond by changing operation of the thermoelectric system.”(paragraph [0033]), which comprises the steps of a feedback system.
Applicant argues that the claimed invention requires a sensor that measures the firmness of the foam layer. However, Applicant’s disclosure does not provide for a sensor that directly measures firmness. As best understood from Applicant’s disclosure, the intended sensor data is from a pressure sensor. In addition to temperatures sensors, Mikkelsen discloses the use of pressure sensors in paragraph [0031]. Therefore the cited prior art anticipates or makes obvious the claimed invention, as discussed in the above rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MYLES A THROOP whose telephone number is (571)270-5006. The examiner can normally be reached 8:00 am to 5:00 pm.
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/MYLES A THROOP/Primary Examiner, Art Unit 3673